Preserving the Homestead Exemption with Living Trusts Revocable Living Trusts are a popular estate planning structure in Texas, but when it comes to homestead property, owners should be aware that the trust’s language can mean the difference between preserving or forfeiting a homestead’s property tax benefits. Maintaining Homestead Tax Exemptions through a Qualifying Trust A […]
Category: Probate Law
Estate Planning for Parents of Young Children
While many people do not think about making a will until retirement age, it is just as important for younger adults. For parents with young children, it is imperative to have a valid and updated will. Not only does a will direct who will inherit in the event of death, but also allows parents to […]
Using the Probate Process to Stop Foreclosure in Texas
After a person dies, real property is immediately owned by the heirs-at-law if there is no will or by the beneficiaries in a will if the person left a last will and testament. Tex. Estates Code §§ 101.001(a), 201.001, 201.002, 201.003. Many properties that are inherited by heirs or given to devisees under a will […]
Adoption By Estoppel
When a decedent with children leaves no will at the time of death (known as dying intestate), the children of decedent will generally inherit the estate. The Texas Estates Code specifies that a child includes an adopted child, whether the adoption occurred through formal proceedings or an equitable adoption. Tex. Est. Code Ann. § 22.004 […]
Disclaimers of Real Estate in Texas
There are situations where a person does not want to take title to real estate passed to them by will or inheritance. Some examples might include low value properties with large tax or assessment obligations, properties encumbered by substantial liens, or properties with large environmental risks. Other reasons for wanting to disclaim real estate might […]
Sale of Minor’s Real Estate in Texas
It is not uncommon for minors to become owners of real property via inheritance or as distributees under a will in Texas. Minors (persons 18 years or younger) are generally considered incapacitated persons without the right to contract and cannot effectively sign a deed conveying title to real estate. This issue presents a problem for […]
Ancillary Probates in Texas
Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]
Will Prove Up Hearing: What to Expect as an Executor
While attending court to get appointed as an executor may seem intimidating, understanding the courtroom layout, rules and procedures can help ease some anxiety. Some Texas counties allow the will to be admitted through attorney testimony; however, many counties require the executor to come to court to testify. Your probate attorney will be your guide […]
An Overview of Marital Property Law in Texas
The fact that Texas is one of nine community property states in the US means that all assets belonging to married persons are affected by the concept of community property. In a community property state, most property acquired during marriage belongs to both spouses and is considered community property. Furthermore, community property is either classified […]
Common Methods for Distributing Assets After Death in Texas
Whether a person dies with a will (testate) or without a will (intestate), distributing assets to their heirs, beneficiaries, or distributees may be very simple or quite complex. Assets are either classified as real property or personal property. While real property is land and everything attached to the land, personal property includes bank accounts, investments, […]